Re: "Sleeping in Light" - Ten years ago

On Fri, 21 Nov 2008 17:26:34 -0500, thus spake Mike Ross (in article
<pacei4phnsous2drd036rj4d7k293sflh2@xxxxxxx>):

On Fri, 21 Nov 2008 21:17:20 GMT, Amy Guskin <aisling@xxxxxxxxxxxxxx> wrote:

On Fri, 21 Nov 2008 14:40:20 -0500, thus spake Mike Ross (in article
<mt2ei4l4b7spm8jbhuuh0v7nmkle8sd54l@xxxxxxx>):


OK I did *not* want to make this a copyright thread, but since quite a few
people are jumping in and running with it, I think I had better defend
myself.

Maybe I'm suffering from bit-rot, but does anyone else recall JMS
*encouraging*
people to get together, and have informal SiL watching parties? I'm pretty
sure
it's NOT bit-rot, this was discussed at the time:


http://groups.google.com/group/uk.media.tv.sf.babylon5.social/msg/fc5af91e69
a5

a8f8?hl=en

It's a rather strange approach to copyright to claim that's it copyright
infringment for a husband to watch a show taped by his wife, with some
friends
in a private home. If that concept really makes someone feel 'quite
ill'...
well
I don't know where to start really. Especially when that person has herself
admitted to watching it with a bunch of friends.<<

I think you're missing the point. You said that you had a copy sent from
the
US after it aired there. Presumably, that means it wasn't yet showing in
the
UK. That's why it's an infringement.

<sighs>

No, it wasn't. From the relevant UK law...

"...domestic use of a recording of a broadcast solely for the purpose of
enabling it to be viewed or listened to at a more convenient time does not
infringe any right conferred by Part 2 in relation to a performance or
recording
included in the broadcast." <<

You are still missing the point. The passage, when referring to "a
broadcast," is referring to one that has legally taken place in the UK (being
UK copyright law). The person who taped it in the US and sent it off to the
UK _distributed_ it without benefit of permission from the copyright owner,
who had the sole right to decide when to air the UK premiere of that
particular program.

The fact that the recording of the broadcast was made overseas is not
material. <<

Sorry, but you're incorrect.

Domestic recording, and viewing of previously-made recordings in the private
home, is legal in the UK. End of. <<

Nope. Because it wasn't legal in the US for that person to have distributed
the tape as he/she did. So what you acquired wasn't legal content to begin
with, and thus isn't covered by UK copyright law.

So long as it's not commercial (taking money at the door), public (anyone
can
walk in), or incidental to commercial activity (showing it in a bar to bring
in
customers), (just as a few examples), it's legal. If I'd done any of the
aforementioned things you would have grounds for an accusation, but I didn't
and
you don't. <<

It is only legal if it was legally taped off of a broadcast in the UK. But
it wasn't. It was illegally distributed from a US broadcast. All the UK
copyright law in the world doesn't change that fact. We have reciprocal
copyright laws with your country, and that tape was an infringement, plain
and simple.

You haven't recited any laws. I have. All you have done is insinuate I
somehow
infringed copyright. And you're not being particularly pleasant about it.
I've
called you on it, as have others. <<

I'm sorry if I've come off as unpleasant -- I really haven't meant to (and I
suppose your "<sighs>" above was pleasant?). I'm just quite sure of my
information being correct. And I don't need to cite the law because it's one
of the most basic tenets of it. What you are refusing to accept is the fact
that your law refers to something acquired (taped or DVRed or whatever)
_legally_ in the UK. UK copyright law doesn't give carte blanche to the
exploitation of illegally acquired copyrighted materials from other countries
with which it has a reciprocal agreement. Just to give you an example that
you might understand better, let's say that I went in to see "Changeling" on
the day it opened in the US, and I had a camcorder with me. I taped it. I
sent it off to you in the UK, where the movie has not yet opened. And you
had a few friends over to watch it in your living room. Do you think that
that qualifies as a permissible use under UK copyright law? I'm sure your
local copyright professional would agree with me that it does not.

Amy
--
"This is our chance to answer that call. This is our moment. This is our time
- to put our people back to work and open doors of opportunity for our kids;
to restore prosperity and promote the cause of peace; to reclaim the American
Dream and reaffirm that fundamental truth - that out of many, we are one;
that while we breathe, we hope, and where we are met with cynicism, and
doubt, and those who tell us that we can't, we will respond with that
timeless creed that sums up the spirit of a people: Yes We Can."
President-elect Barack Obama, November, 4, 2008

.

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